Breach of contract - help!

princesspash

In November, i signed a new mobile contract that was £41 a month. I was specifically told that i could use my friends and family discount (50%) on this contract - i even had the sales assistant check with his manager.

Now 5 months later, after many phone calls to T-Mobile, they are telling me I just simple cannot have the discount on this particular price plan. I've rung several times before to be told, "Sorry, it's our fault, we will have to honor the contract and we will change your price plan". I wait and then nothing happens, so i ring again.

Today i have rung again, after no change. Now this new person is telling me there is absolutely no way i can have this discount on this price plan. I've been in to the store with no help, they've even faxed a copy of my contract to customer services and customers services have agreed to honor my contract but still nothing.

For 5 months i have been paying £20 more a month than i expected to be.

What do i do? Do they have to honor my contract? It says the discounted price on it, and that's what i have signed?

Please help! I'm going out of my mind here!!!

DUTR

Launch an official complaint then.
Usually discount offers do not include the iphone.

gjchester

TM F&F was 40% but some plans are not eligible. It also ceases if the person who gave you the code (if it wasn't you) leaves T-Mobile and each person can only have so many friends on the scheme

Could any of those reasons apply?

princesspash

They are telling me now that i can change my price plan to anything else except this particular one and have my discount! My friend left TM years ago and i've had several upgrades since she left, it hasn't been a problem up till now. They are saying i can still have it, just not on this price plan.

I'm more annoyed that they kept telling me they would sort it out and then did nothing. Had i known earlier, i would of just changed my price plan! I've paid nearly a £100 extra in 5 months, if they had told me earlier, i could have changed the price plan and saved this money! Do you think i can ask for compensation on this argument?

DUTR

princesspash wrote: »

They are telling me now that i can change my price plan to anything else except this particular one and have my discount! My friend left TM years ago and i've had several upgrades since she left, it hasn't been a problem up till now. They are saying i can still have it, just not on this price plan.

I'm more annoyed that they kept telling me they would sort it out and then did nothing. Had i known earlier, i would of just changed my price plan! I've paid nearly a £100 extra in 5 months, if they had told me earlier, i could have changed the price plan and saved this money! Do you think i can ask for compensation on this argument?[/QUOTE]

Personally I thik you should cut your losses, if your friend has not worked there for years then the discounts after that should not have been applicable over those years, so you are still to the benefit

Buzby

Your contract has no relevance to the amount you are charged ('the tariff). I have benefited from a variety of deals, but the price charged can and does vary depending on available promotions. When these are withdrawn, your price goes up.

There is nothing to 'honour' as the contract does not explicitly cover charges - and I doubt ever will.

Paul_01

I disagree with the 2 posters above.

If I had an agreement, in writing, stating that I was to benefit from a 50% discount for the duration of my contract (or whatever the agreed timescale is) then I would pursue it.

Don't waste any more time with the shop or CS, write a letter before action to head office stating that you will take the matter to small claims court if they do not honour the contract within 21 days. I would also be totting up the hours I'd spent dealing with this and be claiming for that too.

This hinges on you having the discount stated clearly in writing at the point you agreed to take the contract on.

Earthworm

As far as I was aware employee discounts are never life discounts and I would imagine the employee would still need to work for them to maintain the discount. Could the agent have established you had the discount on your last deal and assumed you had a friend that worked for T-Mobile? Now the discount is off I think you are very unlikely to ever get it again.

Earthworm

Just found this on Google. It clearly states that employees who leave lose all their discounts... Yours just seemed to have stayed on much longer.

http://e-gain.s3.amazonaws.com/external/content/Ts%20and%20Cs/EE%20Family_and_Friends_11.11.12_sa.pdf

Herongull

AFAIK they can't charge you something different to what you was agreed in the contract (except for things like inflationary increases if allowed in T&C).

If they try this on you have a claim against them under the Misrepresentation Act and you can claim damages or cancel the contract. In your case, you should be able to get a refund of the extra charges you've paid and then cancel.

see http://www.which.co.uk/consumer-rights/action/how-to-complain-if-youve-been-misled-by-your-mobile-provider/

http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider/

http://www.which.co.uk/consumer-rights/action/how-to-complain-to-the-ombudsman-about-a-mobile-phone-provider/

Earthworm

My link clearly shows that the friends and family discount is separate to the tariff/minimum term. It is a perk you get when your friend works for T-Mobile.

The link I posted also states that the discount can be removed at any time at the discretion of EE.